Motions to Enforce Agreements Incident to Divorce in Texas

In the case of Pettit v. Pettit, 704 S.W.2d 921, 924-25 (Tex. App.-Houston [14th Dist.] 1986, writ ref'd n.r.e.), the plaintiff brought suit against the defendant, her ex-husband, in a motion to enforce an agreement incident to divorce. The Agreement ordered that the marital domicile of the parties, which was the defendant's separate property, be sold. The defendant lived in the domicile from the inception of the Agreement to the time of suit. The trial court ruled in the plaintiff's favor, appointing a receiver to make the sale and ordering that the proceeds be divided between the parties. On appeal, the Houston Court of Appeals affirmed the decision of the trial court, despite the defendant's argument that the Agreement did not specify that he was the one required to sell the property.